Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
An affidavit of heirship in Tennessee provides a streamlined way to transfer certain assets of a decedent without full probate. Tennessee’s small-estate statutes (Title 30, Chapter 2 of the Tennessee Code) govern when and how you can use these affidavits for personal or real property.
1. Determine Eligibility Under Tennessee Small-Estate Law (T.C.A. § 30-2-701)
First, confirm that the decedent’s estate qualifies as a “small estate.” Under T.C.A. § 30-2-701, the total value of personal property must not exceed $50,000, and real property must not exceed $7,500 in value. If the estate exceeds these limits, you must open a probate case instead.
2. Gather Necessary Documents
- Certified copy of the decedent’s death certificate.
- Legal description of any real property (from deeds or tax records).
- Titles or account statements for personal property (bank accounts, vehicles).
- Information about potential heirs (names, addresses, relationships).
- Any known last will and testament (even if you intend to use affidavit procedures).
3. Draft the Appropriate Affidavit
Tennessee law provides two primary affidavits:
- Affidavit Regarding Real Property of Decedent with a Small Estate (T.C.A. § 30-2-704): Use this form to transfer real estate under $7,500.
- Affidavit for Collection of Personal Property of Decedent with a Small Estate (T.C.A. § 30-2-705): Use this form to collect personal property up to $50,000.
Key elements your affidavit must include:
- Decedent’s full legal name, date of death, and last residence.
- Statement of the estate’s total value and confirmation it meets small-estate limits.
- List of all heirs entitled to share, with their relationship to the decedent.
- Description of the property to be transferred (legal description for real estate).
- A statement that no application for probate has been filed.
4. Notarize and Attach Supporting Papers
Sign the affidavit before a notary public. Attach a certified copy of the death certificate. For real property, attach copies of prior deeds showing chain of title. Keep all originals or certified copies of exhibits.
5. File or Deliver the Affidavit
- For real property transfers, record the notarized affidavit and attachments in the county register of deeds where the property lies.
- For personal property, present the affidavit to the institution or party holding the assets (banks, brokerage firms, etc.).
- Retain stamped or certified copies of the filed affidavit and exhibits for your records.
Helpful Hints
- Verify estate-value limits carefully; exceeding them may invalidate the affidavit.
- Use the exact legal description for land to avoid title defects.
- List every heir, even if they waive their interest in writing.
- Consult the county register of deeds for any local recording requirements.
- Keep copies of all documents and filings for future reference.
- When in doubt, consider a limited probate application rather than affidavit procedures.